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10 USC CHAPTER 544 - TEMPORARY APPOINTMENTS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 544 - TEMPORARY APPOINTMENTS

.

-HEAD-

CHAPTER 544 - TEMPORARY APPOINTMENTS

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Sec.

5721. Temporary promotions of certain Navy lieutenants.

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10 USC Sec. 5721 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 544 - TEMPORARY APPOINTMENTS

-HEAD-

Sec. 5721. Temporary promotions of certain Navy lieutenants

-STATUTE-

(a) Promotion Authority for Certain Officers With Critical

Skills. - An officer in the line of the Navy in the grade of

lieutenant who -

(1) has a skill in which the Navy has a critical shortage of

personnel (as determined by the Secretary of the Navy); and

(2) is serving in a position (as determined by the Secretary of

the Navy) which (A) is designated to be held by a lieutenant

commander, and (B) requires that an officer serving in such

position have the skill possessed by such officer,

may be temporarily promoted to the grade of lieutenant commander

under regulations to be prescribed by the Secretary of the Navy.

Appointments under this section shall be made by the President, by

and with the advice and consent of the Senate.

(b) Status of Officers Appointed. - (1) An appointment under this

section does not change the position on the active-duty list or the

permanent, probationary, or acting status of the officer so

appointed, prejudice the officer in regard to other promotions or

appointments, or abridge the rights or benefits of the officer.

(2) For the purposes of section 523 of this title, an officer

holding an appointment under this section is considered as serving

in the grade of lieutenant commander.

(c) Board Recommendation Required. - A temporary promotion under

this section may be made only upon the recommendation of a board of

officers convened by the Secretary of the Navy for the purpose of

recommending officers for such promotions.

(d) Acceptance and Effective Date of Appointment. - Each

appointment under this section, unless expressly declined, is,

without formal acceptance, regarded as accepted on the date such

appointment is made, and a member so appointed is entitled to the

pay and allowances of the grade of lieutenant commander from the

date the appointment is made.

(e) Termination of Appointment. - Unless sooner terminated, an

appointment under this section terminates -

(1) on the date the officer who received the appointment is

promoted to the permanent grade of lieutenant commander; or

(2) on the date the officer is detached from a position

described in subsection (a)(2), unless the officer is on a

promotion list to the permanent grade of lieutenant commander, in

which case the appointment terminates on the date the officer is

promoted to that grade.

(f) Limitation on Number of Eligible Positions. - An appointment

under this section may only be made for service in a position

designated by the Secretary of the Navy for purposes of this

section. The number of positions so designated may not exceed 325.

-SOURCE-

(Added Pub. L. 96-513, title III, Sec. 334, Dec. 12, 1980, 94 Stat.

2897; amended Pub. L. 98-94, title IV, Sec. 403, Sept. 24, 1983, 97

Stat. 629; Pub. L. 98-525, title V, Sec. 514, Oct. 19, 1984, 98

Stat. 2522; Pub. L. 99-661, div. A, title V, Sec. 503, Nov. 14,

1986, 100 Stat. 3864; Pub. L. 100-180, div. A, title V, Sec.

501(a), Dec. 4, 1987, 101 Stat. 1085; Pub. L. 101-189, div. A,

title V, Sec. 512(a), Nov. 29, 1989, 103 Stat. 1439; Pub. L.

102-484, div. A, title V, Sec. 507, Oct. 23, 1992, 106 Stat. 2405;

Pub. L. 103-160, div. A, title V, Sec. 508(a), Nov. 30, 1993, 107

Stat. 1647; Pub. L. 104-106, div. A, title V, Sec. 508(a), (b),

(d), Feb. 10, 1996, 110 Stat. 296, 297; Pub. L. 104-201, div. A,

title V, Sec. 503, Sept. 23, 1996, 110 Stat. 2511; Pub. L. 107-314,

div. A, title X, Sec. 1041(a)(20), Dec. 2, 2002, 116 Stat. 2645.)

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AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-314 struck out par. (1)

designation and struck out par. (2) which read as follows:

''Whenever the Secretary makes a change to the positions designated

under paragraph (1), the Secretary shall submit notice of the

change in writing to Congress.''

1996 - Subsec. (a). Pub. L. 104-201, Sec. 503(a), (c),

substituted ''Officers'' for ''Officer'' in heading and ''the

President, by and with the advice and consent of the Senate'' for

''the President alone'' in concluding provisions.

Pub. L. 104-106, Sec. 508(d)(1), inserted heading.

Subsecs. (b) to (e). Pub. L. 104-106, Sec. 508(d)(2)-(5),

inserted headings.

Subsec. (f). Pub. L. 104-106, Sec. 508(b)(2), added subsec. (f).

Former subsec. (f) redesignated (g).

Pub. L. 104-106, Sec. 508(a), substituted ''September 30, 1996''

for ''September 30, 1995''.

Subsec. (g). Pub. L. 104-201, Sec. 503(b), struck out subsec. (g)

which read as follows: ''Termination of Appointment Authority. -

The authority to make appointments under this section terminates on

September 30, 1996.''

Pub. L. 104-106, Sec. 508(d)(6), inserted heading.

Pub. L. 104-106, Sec. 508(b)(1), redesignated subsec. (f) as (g).

1993 - Subsec. (f). Pub. L. 103-160 substituted ''September 30,

1995'' for ''September 30, 1993''.

1992 - Subsec. (f). Pub. L. 102-484 substituted ''September 30,

1993'' for ''September 30, 1992''.

1989 - Subsec. (f). Pub. L. 101-189 substituted ''September 30,

1992'' for ''September 30, 1989''.

1987 - Subsec. (f). Pub. L. 100-180 substituted ''September 30,

1989'' for ''September 30, 1987''.

1986 - Subsec. (f). Pub. L. 99-661 substituted ''September 30,

1987'' for ''September 30, 1986''.

1984 - Subsec. (f). Pub. L. 98-525 substituted ''September 30,

1986'' for ''September 30, 1984''.

1983 - Subsec. (f). Pub. L. 98-94 substituted ''September 30,

1984'' for ''September 30, 1983''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 508(e) of Pub. L. 104-106 provided that: ''Subsection (f)

of section 5721 of title 10, United States Code, as added by

subsection (b)(2), shall take effect at the end of the 30-day

period beginning on the date of the enactment of this Act (Feb. 10,

1996) and shall apply to any appointment under that section after

the end of such period.''

EFFECTIVE DATE OF 1993 AMENDMENT

Section 508(b) of Pub. L. 103-160 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect as

of September 30, 1993.''

EFFECTIVE DATE OF 1992 AMENDMENT

Section 507 of Pub. L. 102-484 provided that the amendment made

by that section is effective Sept. 29, 1992.

EFFECTIVE DATE

Section effective Sept. 15, 1981, but the authority to prescribe

regulations under under this section effective on Dec. 12, 1980,

see section 701 of Pub. L. 96-513, set out as an Effective Date of

1980 Amendment note under section 101 of this title.

SAVINGS PROVISION

Section 512(b) of Pub. L. 101-189 provided that:

''(1) The Secretary of the Navy shall provide, in the case of an

officer appointed to the grade of lieutenant commander on or after

the date of the enactment of this Act (Nov. 29, 1989) under an

appointment described in paragraph (2), that the date of rank of

such officer under that appointment shall be the date of rank that

would have applied to the appointment had the authority referred to

in that paragraph not lapsed.

''(2) An appointment referred to in paragraph (1) is an

appointment under 5721 of title 10, United States Code, that (as

determined by the Secretary of the Navy) would have been made

during the period beginning on October 1, 1989, and ending on the

date of the enactment of this Act had the authority to make

appointments under that section not lapsed during such period.''

Similar provisions were contained in the following prior

authorization act:

Pub. L. 100-180, div. A, title V, Sec. 501(b), Dec. 4, 1987, 101

Stat. 1085.

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DELEGATION OF FUNCTIONS

Functions of President under subsec. (c) to make certain

temporary appointments to grade of lieutenant commander delegated

to Secretary of Defense to perform, without approval, ratification,

or other action by President, and with authority for Secretary to

redelegate, see Ex. Ord. No. 12396, Sec. 1(d), 3, Dec. 9, 1982, 47

F.R. 55897, 55898, set out as a note under section 301 of Title 3,

The President.

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TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provision that any officer who on September 15, 1981 holds a

temporary appointment in the grade of lieutenant commander under

former section 5787d of this title, shall on and after that date be

considered to be serving in such grade as if the appointment had

been made under this section, see section 617 of Pub. L. 96-513,

set out as a note under section 611 of this title.

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